Flagpoling

26th May 2015 Comments Off on Flagpoling

Last updated on August 13th, 2019

“Flagpoling,” also known as “sidedooring,” are terms which describe the process of individuals who are inside Canada travelling briefly to the United States and then upon re-entry to Canada submitting an application at a Canadian port of entry (“POE“).  For most individuals who are eligible to flag-pole it is the preferred method to obtain study permits, work permits, and to have their Confirmations of Permanent Residence signed.  The reason is because it typically takes a Canada Border Services Agency (“CBSA“) officer less than 30 minutes to process an application, whereas it can take Immigration, Refugees and Citizenship Canada (“IRCC“) weeks or months to either process an application or schedule a landing interview.

Who Can Flag-Pole (Work Permits)

In the work permit context, regulation 198 of the Immigration and Refugee Protection Regulations (“IRPR”) provides that:

(1) Subject to subsection (2), a foreign national may apply for a work permit when entering Canada if the foreign national is exempt under Division 5 of Part 9 from the requirement to obtain a temporary resident visa.

Exceptions

(2) A foreign national may not apply for a work permit when entering Canada if

(a) a determination under section 203 is required, unless

(i) the Department of Employment and Social Development has provided an opinion under paragraph 203(2)(a) in respect of an offer of employment — other than seasonal agricultural employment or employment as a live-in caregiver — to the foreign national, or

(ii) the foreign national is a national or permanent resident of the United States or is a resident of Greenland or St. Pierre and Miquelon;

(b) the foreign national does not hold a medical certificate that they are required to hold under subsection 30(4);

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LMO Q&A: Employer Doesn’t Have Business License OPS/BE-004

12th Dec 2013 Comments Off on LMO Q&A: Employer Doesn’t Have Business License OPS/BE-004

During a consultation last month, a foreign worker and an employer told me that the employer was interested in obtaining a Labour Market Opinion to continue employing the foreign worker.  The employer, however, did not have a business license, and for various reasons refused to obtain one.  The employer wanted to know whether Service Canada would still approve his Labour Market Opinion.  While I did not know the answer off the top of my head, I luckily had a copy of the internal TFWP OPS/BE QUESTIONS AND ANSWERS document that I have slowly been uploading to this blog.

Please note that what I have reproduced below should not be viewed as legal advice.  I obtained a copy of this internal Service Canada question and answer through an Access to Information Act request (the “ATI”).  The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.  (I have decided not to reproduce the names of the Service Canada officers involved.) Please e-mail me if you want a copy of the original question and answer contained in the ATI.

BACKGROUND:

The above named employer submitted a Labour Market Opinion application December 21, 201[2], seeking a “Licensed Practical Nurse”. The ER has advised that the senior living facility is set to open June 17, 2013 and have residences move in by July. The ER stated that the centre has been delayed in opening due to a construction fire; consequently the City of Regina will not issue a business license.

QUESTION/ISSUE:

Given that the ER is currently unable to obtain a business license through the City of Regina (a license that has been determined to be required by the city), is the assessing officer required to request one of the following documents in lieu of the license:

  • Business lease
  • T4 Summary
  • T2 Schedule 100 &

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LMO Q&A: Discrimination to obtain a Labour Market Opinion OPS/BE-003

5th Dec 2013 Comments Off on LMO Q&A: Discrimination to obtain a Labour Market Opinion OPS/BE-003

When reviewing internal Service Canada correspondence, I came across this interesting exchange between a Service Canada officer and a Business Expertise Consultant (“BEC”).  The issue involves a Labour Market Opinion application where a daycare employer told a Service Canada officer that she did not hire a qualified Canadian candidate because he was a male.  The BEC said that a Labour Market Opinion could not be issued because such gender discrimination was contrary to the BC Human Rights Code 

Please note that what I have reproduced below should not be viewed as legal advice.  I obtained a copy of this internal Service Canada question and answer through an Access to Information Act request (the “ATI”).  The reproduction of question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada.  (I have decided not to reproduce the names of the Service Canada officers involved.) Please e-mail me if you want a copy of the original question and answer contained in the ATI.

BACKGROUND:

Daycare facility with 2 female employees and 10 children. When asked results of recruitement, ER stated she interviewed 6 candidates. Most wanted part time positions, one did not pass interview, one came in 30m late for interview, one was male and ER said she does not feel comfortable hiring male employees. She prefers having female workers and believes female children would feel more comfortable having female caretakers; especially in incidences where they need help with going to the bathroom.

QUESTION/ISSUE:

The employer has indicated she is uncomfortable to hire male employees for the position.

Is it appropriate to exclude men?

Can an employer discriminate based on gender?

If she had a qualified male to do the job,

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